Thornton v. Lashbrook et al

Filing 237

ORDER: Plaintiff Charles E. Thornton's Objection (Doc. 236 ) to Defendants' Bill of Costs (Doc. 234 ) is OVERRULED. Plaintiff is ORDERED to pay Defendants' costs in the amount of $966.80. Signed by Judge Stephen P. McGlynn on 9/7/2022. (anb2)

Case 3:17-cv-01296-SPM Document 237 Filed 09/07/22 Page 1 of 2 Page ID #1277

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CHARLES E THORNTON,
Plaintiff,
v.

Case No. 17-CV-01296-SPM

JACQUELINE LASHBROOK, et al.,
Defendants.

MEMORANDUM AND ORDER
McGLYNN, District Judge:
Pending before the Court is an Objection to Bill of Costs filed by Plaintiff
Charles E. Thornton. (Doc. 236.)
Defendants seek to have Thornton pay $966.80 for his deposition transcript.
(Doc. 234.) Thornton objects on the basis that “Federal Rule of Civil Procedure
54.(d).(2).(i) only allows the prevailing party to bill of costs to be filed no later than
14 days after the entry of judgment.” (Doc. 236.)
Federal Rule of Civil Procedure 54(d)(1) provides that “costs—other than
attorney’s fees—should be allowed to the prevailing party” unless a federal statute,
the Federal Rules of Civil Procedure, or a court order provides otherwise. “The rule
provides a presumption that the losing party will pay costs but grants the court
discretion to direct otherwise.” Rivera v. City of Chicago, 469 F.3d 631, 634 (7th Cir.
2006). Rule 54(d)(1) sets no deadline within which a prevailing party must request
these costs and neither does the district’s local rules. See SDIL L.R. 54.2.

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Case 3:17-cv-01296-SPM Document 237 Filed 09/07/22 Page 2 of 2 Page ID #1278

Accordingly, Thornton’s argument fails on its face and his objection is
OVERRULED.
Plaintiff Charles E. Thornton is ORDERED to pay Defendants’ costs in the
amount of $966.80.
IT IS SO ORDERED.
DATED:

September 7, 2022
s/ Stephen P. McGlynn
STEPHEN P. McGLYNN
U.S. District Judge

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